Client Service Agreement

The rendering of an invoice(s) by ViaNetTV Inc. shall be construed as an offer to extend this agreement and the payment of such invoice(s) by customer shall be construed as an acceptance. If such invoice(s) are not paid within fifteen (10) days of presentment, in the legal money of Canada, ViaNetTV Inc. may terminate this agreement and discontinue services.


1. EMERGENCY SERVICES - 911 Dialing through VoIP

1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.

1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
ViaNetTV Inc. offers a form of 911 service (911 Dialing) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With ViaNetTV's 911 service, your call is sent to a national emergency call centre. The call centre operator will request or confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your address and call-back number with the operator. If you use a SoftPhone, your 911 calls will be routed to the national emergency response centre, however, emergency personnel do not receive your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.


1.2 Registration of Physical Location Required. You should ensure your location information, when registered with ViaNetTV Inc., is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call. Your 911 Dialing service is activated when you subscribe to ViaNetTV Inc. service.


1.3 Service Outages. 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or ViaNetTV Inc. a service is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including 911 Dialing.

1.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call.

1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks.

1.6 Conveying Limitations to other household residents and guests. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the ViaNetTV Inc. service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above.

1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither ViaNetTV Inc. nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless ViaNetTV Inc, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.

Auto Downgrades
Any client that is on a term larger then 1 month and has outstanding invoices will be automatically downgraded to the month to month term. This means that if you normally pay anually and your credit card fails we will automatically start to bill you month to month on the montly rate. If you wish to cancel please e-mail billing@ViaNetTV.com and request cancelation.

Changes notwithstanding, the terms and conditions as published upon the date of signing of this agreement shall apply through the initial term. The terms and conditions as published upon each extension of this agreement shall be applied through the term of the extension.

ViaNetTV Inc. shall not be responsible or liable for direct of consequential damages caused by acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOAs or intermediary private networks over whose facilities Customer Web traffic is carried to and from the Web Server provided by ViaNetTV Inc.

Even if ViaNetTV were to be found to be negligent or at fault, ViaNetTV Inc. shall not be liable for more than a refund of the monies paid by Customer to ViaNetTV. ViaNetTV makes no representation as to the merchantability or fitness for any purpose of the Phone or DSl service and ancillary derive to be provided to customer.

Customer agrees to comply with all applicable governmental laws in their use of their service and ancillary services provided by ViaNetTV Inc., and, in the event of any non-compliance, agrees to hold harmless ViaNetTV and its personnel and contractors from the consequence of such non-compliance.

If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, legal costs, and expenses reasonably incurred.

This is the entire agreement. It may not be changed orally. Any waiver, alteration, or modification of any of the provisions of this agreement will not be valid unless in writing signed by both parties.

Billing. All terms are due up front. If you sign up for the lowest rate then you are likely on the 1 year term. You will be billed the entire term up front and then billed on a yearly basis.
All credit cards are billed automatically on there renewal dates. If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done by e-mail and sent to accounting@ViaNetTV.com or billing@ViaNetTV.com. Please make sure you obtain the cancellation ID or ticket number for your request to confirm cancellation of service.

Promo Codes. Promo codes are only applicable for the first term. After the initial term is over the accounts will auto renew at the regular rate. If you wish to cancel please do so by contacting billing@ViaNetTV.com. Please note that any customer that has already used the promo code once will not be able to sign up using the promo code again. Any client who attempts to cancel service and initiate again to obtain the promo price will be refused.

Furthermore, promo prices are only applicable once per household. Any attempt to place orders with a different name at an address previously supplied with service will also be denied.

Disclosure. We may disclose the personal information of the client such as the client's identity and the clients address and phone numbers and related information without the knowledge or consent of the client when

a) we are required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or

b) to comply with rules of court relating to the production of records; or c) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that

(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,

(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or

(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;

10 Days Money Back . If you are not satisfied with our service for any reason within the first 10 days, ViaNetTV will provide a full refund less any usage incurred through long distance charges and installation fees. After the initial 10 days period a customer must complete the remainder of the term. Customer(s) may choose to cancel the account prior to the end of term, however, no refund will be issued for that period. ViaNetTV Inc. understands that due to the nature of our technology and affiliations with other partners, issues can occur which are out of our control. In such cases ViaNetTV Billing department may choose at our sole discretion to grant refunds on a case by case basis. Furthermore the 10 days unconditional money back guarantee does not apply for renewals. Customers must terminate the agreement before or on the renewal date. Should a client forget to terminate before the renewal date, clients will be required to pay each additional month of service ( at the monthly rate ) and the remainder will be refunded.

2.0 SERVICE

2.01 Type of Services

The Terms contained herein apply to all the Services which Subscriber may subscribe from ViaNetTV, including, for: (i) fixed fee or bundled services (collectively, the "Unlimited Programs" or individually an "Unlimited Program"); (ii) pay for use regular long distance calling plans to countries designated by ViaNetTV from time to time other than those countries which Subscriber has already subscribed for as part of the Unlimited Programs (the "Standard Program "); (iii) Internet Voice Over IP local phone service (Home Phone); (iv) IPTV channels/services including streamed channels and Video on Demand services in fixed price terms or bundled fix price (collectively IP TV), (v) fixed fee and bundled DSL internet services. Subscriber may use the Services provided by ViaNetTV provided that Subscriber does so in compliance with all applicable laws and the terms herein. Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by Subscriber and all persons having the Subscriber's permission to use the Services. Subscriber may only use the Services for personal use and in direct meaning of the services (i.e. home phone for home use, home DSL for residential high speed internet, IPTV for personal use, etc).

2.02 Charges, Billing and Payment

Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed for from ViaNetTV (which charges are subject to change from time to time at the sole discretion of ViaNetTV without notice to Subscriber). NSF and all refused payments shall incur a $25 administrative fee per occurrence. Credit Card charge-backs will incur a $50 administration. ViaNetTV reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Calls to mobile phones in some overseas destinations are billed at higher rates. Rates are listed on our website. Your rates may be different based on your package.

2.03 Charges will commence as of the activation date of the Service(s).

Subscriber must pay for the charges of Services by either credit card by providing ViaNetTV with Subscriber's credit card number upon subscribing for the Service or Pre-Authorized cheque payment by providing ViaNetTV with the appropriate banking information; Subscriber authorizes ViaNetTV to make such charges against such credit card or bank account to satisfy all charges for the Services. ViaNetTV will charge Subscriber's credit card or bank account for charges for the Unlimited Program or any other package in advance commencing on the date of activation of the Services (pro rata for the remaining days in such month) and thereafter, amount equal to 1 month payment for all packages purchased by Subscriber will be taken from Subscriber's credit card during period from the first day of the month of service till the last day of the month of service, on a monthly basis or as stipulated by ViaNetTV. Payment for Standard Services shall be made on the first day of each month for the Standard Services used in the preceding month. ViaNetTV at its sole discretion may elect to change billing dates. Call increments may vary depending on destination and length of call. Subscriber must bring payment inquiries and disputes to ViaNetTV's attention within 10 days after the charge for the Services have been paid or Subscriber will be deemed to have accepted such charges as accurate in all respects. You also agree to make all your payments by pre-authorized credit card payment with the card number you gave ViaNetTV during the activation process unless you have enrolled for billing services in which case payment is due upon receipt of invoice.

2.04 Credit and Security Deposits

ViaNetTV reserves the right to examine Subscriber's credit record before activating the Services. Should ViaNetTV at any time consider a prepaid credit deposit to be insufficient, a further credit deposit may be required before it provides, continues, or reinstates the Services to Subscriber. ViaNetTV will determine, at its discretion, how Subscriber's deposit or other security will be allocated to satisfy outstanding amounts owed by Subscriber to ViaNetTV. By subscribing to the Services, Subscriber authorizes ViaNetTV to investigate Subscriber's credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agree from time to time, to provide appropriate authorizations and financial information as ViaNetTV may reasonably request for this purpose. All deposits or other prepayments made by a Subscriber in connection with the Services will earn no interest.

2.05 Contract Term and MSF Rate Guarantee

ViaNetTV services are sold on the following basis and may be subject to ECF detailed in section 2.9.

(a) Home Phone Term Contracts: 1-year, 2 year, and 3-year contracts. ECF will apply. The contract term length can be identified by the subscriber on the invoice for services with a 1YR, 2YR, or 3YR designation. The Term of the contract shall also serve as a rate guarantee to the Subscriber whereby his Monthly Service Fee (MSF) cannot be increased by ViaNetTV for the entire term.

(b) Home Phone No Contract: Subscriber may cancel service without ECF. ViaNetTV may increase rates at any time by providing Subscriber with 30 days notification.

(c) Home Phone Pre-paid: This service is sold as a bundle that includes service for a specific period of time. (Eg. $150 paid in advance, for 12 months of local phone service) Unless specifically advised by the Subscriber prior to the anniversary date, On each activation anniversary, Home Phone Pre-Paid is automatically renewed and the Subscriber will be charged once again. There are no refunds for any unused months for pre-paid service.

(d) Long Distance Service Contracts: Term contracts are subject to ECF.

2.05 ViaNetTV's Right to Refuse to Provide Services

(a) Subscriber owes amounts to ViaNetTV that are past due;

(b) Subscriber does not provide a security deposit or satisfy alternate security measures when requested by ViaNetTV;

(c) ViaNetTV has terminated the Services to the Subscriber in the past; and

(d) ViaNetTV does not provide the requested Services to the country(s) desired by Subscriber.

2.06 Services Interruption

(a) ViaNetTV may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

ViaNetTV service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that Home Phone VoIP, IPTV service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.

(b) ViaNetTV is not liable for:

(i) any disruption or unavailability of the Services;

(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);

(iii) Subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's equipment or facilities;(iv) any event beyond the reasonable control of ViaNetTV including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and (v) its failure, for any reason, to activate the Services on the activation date Subscriber requested;(vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of ViaNetTV service.

Subscriber agrees to indemnify and hold harmless ViaNetTV against all claims, including fees and expenses of counsel, resulting from Subscriber's use (or the use by others with Subscriber's explicit or implicit consent) of the Services, Subscriber's codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.

2.07 Suspension or Termination of Services by ViaNetTV

(a) Without incurring any liability whatsoever, ViaNetTV may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:

(i) fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card which is not honoured by Subscriber's bank;

(ii) fails to provide interim payments when requested by ViaNetTV;

(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by ViaNetTV;

(iv) fails to meet ViaNetTV's credit requirements, or Subscriber becomes bankrupt or otherwise insolvent;

(v) fails to comply with the terms of a deferred payment or credit agreement with ViaNetTV;

(vi) violates any provision of these Terms;

(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;

(viii) charges or allow others to charge any other person for the use of the Services without ViaNetTV's prior written agreement;

(ix) harasses, threatens or otherwise act unreasonably towards ViaNetTV, its employees or agents, or in relation to the Services;

(x) alters or otherwise interferes with ViaNetTV's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or ViaNetTV's equipment, facilities or network; or

(xi) fails to provide payment for other accounts with ViaNetTV, including amounts owed by Subscriber as a guarantor for the account of another;

(xii) uses or permits others to use the Services for resell

(xiii) Abuses the network with excessive usage as may be determined by ViaNetTV. Excessive usage shall be determined solely by ViaNetTV

(xiv) uses or permits others to use the service for commercial or business use.

(b) A suspension or termination will not affect Subscriber's obligation to pay any amounts owed to ViaNetTV either during or after the suspension or termination. If termination occurs during a contract period, Subscriber will be charged for all usage plus the contract obligations. Should reactivation of services be required, ViaNetTV will levy a reconnection fee of $25.

(c) Where the Services are cancelled, either by Subscriber or by ViaNetTV as provided herein, and there is an undisputed credit balance on Subscriber's account, Subscriber may require that it be refunded to Subscriber and ViaNetTV reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.08 Subscriber's Right to Terminate Services and Early Cancellation

(a) Term Contracts: All ViaNetTV Contacts renew automatically upon their expiration with exactly the same terms used by subscriber before unless specifically advised otherwise by the Subscriber. The Subscriber is responsible for early cancellation fees (ECF) of their contract period that are equal to the discount between flat monthly service and term discount. The contract start date shall be the date that the Subscriber enrolled for ViaNetTV Services. In order to prevent the Contract from renewing automatically the Subscriber must formally and personally request cancellation at least thirty days prior to the expiration date. Third party termination requests are not approved.

(b) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. Subscriber must formally and personally request cancellation at least thirty days prior to the expiration date. Third party termination requests are not approved.

(c) Subscriber acknowledges that ViaNetTV Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow ViaNetTV reasonable time to diagnose and correct the it's problem. If the problem cannot be corrected within thirty-days form the initial report by the Subscriber, Subscriber may elect to terminate his contract without penalty or liability providing ViaNetTV with written notice of his intent to cancel. Where ViaNetTV has determined that the problem is not the fault of ViaNetTV but rather with Subscriber, his equipment, internet, phone lines, connectivity and the like, that are not under the control of ViaNetTV; in this case Subscribers wishing to still cancel will be responsible for ECF.

2.09 International Boundaries & Rate Variations

Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Rates will be determined based on the area code being dialed and not the Country label.

3.0 Changes, and Modifications of the Services.

Without incurring liability, ViaNetTV may at any time and without notice to Subscriber, change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, Subscriber will be responsible for paying all charges incurred for the use of the Services despite the change or modification, both before and after the date thereof.

3.01 Subscriber Confidentiality and Privacy

Before you begin to use our services, you will be asked to register to become a member. To complete the registration, you will need to give us some information about yourself including but not limited to your name, Email address, zip code, postal code, age, and occupation. ViaNetTV is collecting this information and we retain ownership of it.

3.02 Use of Information

ViaNetTV believes that knowing more about you will enable us to serve you better. It allows us to personalize the content and services we offer you. Information that you provide to ViaNetTV is kept confidential. Your information is for the use of ViaNetTV and its subsidiaries. It is not shared with any other third party.

3.03 Rate Changes

ViaNetTV reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.

3.04 Promotions

ViaNetTV may at its sole discretion promote ViaNetTV services from time to time through a variety of media channels. This may include free services for a specific period of time (promotional period). After the promotional period the Subscriber will be billed for services automatically. Subscriber must call ViaNetTV Subscriber Service before the promotional period has elapsed and request to cancel future service. All cancellations must be verbal to Subscriber Service.

3.05 Service Abuse

You agree that your account may be monitored for use to determine abuse, residential, business, fraudulent, or use that undermines ViaNetTV operations in any way. Based on its determination ViaNetTV may deactivate service immediately without notice or liability. The example is service plans marketed as Unlimited"; these plans are monitored for abuse that may hinder services to other Subscribers; IPTV services being monitored for re-broadcasting or re-selling activities considered by ViaNetTV as unlawful. Unlimited IPTV, phone and DSL services are not to be used for telemarketing, or broadcasting of any kind.

3.06 Equipment Returns

Some ViaNetTV services like Home Phone require equipment to be shipped (Telephone Adapter) from ViaNetTV to the subscriber for use with the service. The following terms apply to Equipment Returns where applicable:

(a) All equipment that must be returned to ViaNetTV for any reason must be at Subscribers' expense. ViaNetTV will not accept collect packages or pay to have packages picked up. All returned equipment must be returned to ViaNetTV in perfect resalable condition in its original packaging. Equipment returned in less than perfect condition, will be charged for refurbishing.

(b) Replacement: If the equipment is deemed defective by ViaNetTV, and new equipment is shipped to the Subscriber, the Subscriber is responsible at his own expense for the safe return of the defective unit to ViaNetTV in good physical condition at the address indicated by ViaNetTV representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by ViaNetTV.

(c) Cancellation: Upon cancellation of ViaNetTV services, the Subscriber is responsible at his own expense for the safe return of the equipment to ViaNetTV in re-sellable condition at the address indicated by ViaNetTV representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). If applicable, ViaNetTV will issue the refund within six weeks from the equipment return date (Date in which the equipment arrived at the ViaNetTV warehouse and a proof of delivery by signature can be established). Equipment without an RA will not be processed by ViaNetTV.

(d) Fees: Equipment not returned within 30 days of RA issue date or equipment with physical damage or missing components are subject to a replacement fee of no less than $50 and any applicable refunds will not apply. ViaNetTV reserves the unilateral right to issue partial refunds when equipment is missing minor items such as cables, power supplies, manuals, packaging etc.

(e) ViaNetTV Mobile devices are non-refundable.

(f) Home Phone Pre-paid may only be returned for refund within 30 days from the date of purchase and must have less than 15 minutes of usage. Returns are subject to a $25 restocking fee.

3.07 Equipment Warranty

Unless an Extended Warranty is purchased all equipment that you receive from ViaNetTV carries a one (1) year manufacturer's warranty. Extended Warranty coverage commences 30 days after purchase of the warranty.

3.08 Telephone numbers

If you were assigned a telephone number from ViaNetTV, this number may at ViaNetTV sole and absolute discretion and subject to applicable law be assigned to another Subscriber. Transferring phone numbers to ViaNetTV (LNP) is possible only in ViaNetTV serving territory. If you decide to LNP your existing phone number to ViaNetTV from another telephone provider; it is possible that your service will be interrupted in certain circumstances while the transfer is in process. Specific LNP instructions are listed in the LNP web page under "My Account". To transfer any number to another company (Reverse LNP) will incur an administration fee of $50 per number.

3.09 No Directory Listing.

ViaNetTV does not automatically provide directory listings. Directory listings may be available in select serving area and by request only.

4.0 Service Incompatibility.

Home Security Systems. The Home Phone service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service.

Fax Machines. The Home Phone service can work with most fax machines, however due to various machine configurations, internet connectivity and bandwidth fluctuations, faxing using your fax machine and your Home Phone service is provided an best-efforts basis and ViaNetTV assumes no liability whatsoever and provides guarantee that faxing will work.

The Home Phone dial tone comes out of "line 1" and "line 2" on the back of the Telephone Adapter. In most cases you will connect a telephone to the back of the Telephone Adapter. You can also however connect the Telephone Adapter "line 1" or "line 2" to any available telephone jack in the home. This setup MIGHT work and is not supported by ViaNetTV Technical Support department because of the many variables.

4.01 Rate Guarantee

ViaNetTV will match or beat any advertised long distance rate for like services. Subscriber must contact ViaNetTV to notify them of the competitor rate and ViaNetTV shall confirm such, prior to adjusting Subscriber's rate. The rate guarantee does not apply to pre-paid calling cards, bundled minute plans and select regions of the world including occupied territories and disputed lands.

4.02 General Terms

(a) Enurement/Assignment. These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of ViaNetTV.

(b) Notices. Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by Subscriber.

(c) Unenforceable Provisions. If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.

(d) Governing Law. These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province.

(e) Entire Agreement. These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all previous discussions, negotiations and agreements.

(f) French. Subscriber confirms that it wishes to have these Terms written in English only. Les parties aux presents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.


Auto Disconnects . Due to internet stability some calls never end up terminating after a call has been hung up thus the client keeps getting billed. To help prevent incorrect billing we have set an absolute timeout of 1 hour and 30 minutes. Your calls will auto disconnect if you are on the phone past that time period. You can dial the number again and stay on the phone for another period of time equal to the first.

Disclaimer

ViaNetTV Inc.cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning. Thus, certain equipment, routing, software, and programming used by ViaNetTV Inc. are not directly owned and written by ViaNetTV Inc.. Moreover, ViaNetTV Inc.holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ViaNetTV Inc.sees fit.

Prohibited Uses

* Unlawful
* Call Centers
* Auto-dialing
* Continuous or extensive call forwarding
* Fax or voicemail broadcasting
* Telemarketing or Mass Solicitations
* Fax or voicemail blasting
* Continous Call Conferencing
* Spaming

Residential vs Business. Any client found to be a residential client and communicating with more then 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more then 50 calls, it simply means that you can not communicate with more then 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more then 250 completely different numbers is also prohibited.

In addition. If a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to ViaNetTV Inc due to such actions..

Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company's sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect

Furthermore: ViaNetTV Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification. ViaNetTV Inc. reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month's charges.

This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforced the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario.